Terms and conditions

Last update on 28.9.2017

Please read these Terms of Use carefully.

This Video Exchange Platform (the "Platform") entitled "EURORADIO2SEE" is owned and operated by EURORADIO, an activity of the European Broadcasting Union, an association duly established under Swiss law, located at L'Ancienne-Route 17A, 1218 Grand-Saconnex (Geneva) Switzerland (the "EBU").

Its use is reserved to the Members having registered on the Platform (the "Registered Users") (see below under Section 2 for registration procedure) wishing to exchange music videos of whole concerts or of parts of concerts of interest for Members (the "Videos").

The Platform allows the storage of Videos offered by Members ("Contributors") and provides the possibility for other Members wishing to offer such Videos to their audience ("Users") to embed, according to the present Terms of Use, the player of the Platform for streaming the Videos thereto on their fully owned websites (the "Users' Websites") and, if specifically allowed by the Contributor, on the Users' own pages of social media platforms (the "Users' Social Media Platforms").

By using this Platform and registering to become a Registered User, you represent and warrant that

- you are duly authorised to form a binding contract with the EBU on behalf of your organisation

- your organisation shall be legally bound by the EBU General Terms of Use and Privacy Policy as well as by these specific Terms of Use and by all terms, policies and guidelines incorporated by reference, which take effect immediately following your first use of this Platform.

In case of inconsistency between the EBU General Terms of Use and Privacy Policy and these specific Terms of Use, these specific Terms of Use must prevail. If you do not agree to all of these terms, please do not use this Platform.

1. PURPOSE OF THE PLATFORM

1.1 Exchange

This Platform aims at facilitating exchange amongst EBU Members of music videos of whole concerts or of parts of concerts (the "Exchange").

The Exchange is based on the understanding that the Contributors offer Videos to the Users, on a basis of reciprocity and on a rights-cleared basis, for embedment under the terms defined hereunder on Users' Websites and, where specifically allowed, on Users' Social Media Platforms for streaming of the Videos to the Users' audience.

1.2 Videos which can be made available on the Platform

Content which can be made available on the Platform shall comply with the following requirements (the "Requirements"):

- Videos consist of entire concerts or extracts from concerts in all genres;

- All relevant information related to the Videos and the concerts shall be provided by the Contributor when making available a particular Video to the Platform for the Users and in particular:

The name of the artist/band performing in the concert;

The name of the festival/venue;

The country where the concert takes/took place;

The date and the time at which the concert takes/took place;

The duration of the Video;

The music cue sheet;

The countries in which the Video shall be geo-blocked, if necessary (Geo-blocking Restrictions);

The duration of online availability of the Video;

Whether the Video can be embedded on the Users' Social Media Platforms; NB: if nothing is mentioned when uploading the Video, the Video shall be embeddable on Users' Websites only.

The EBU has the right to withdraw any Video and/or block your use of this Platform at any time without prior notice and cannot be held liable for any damages whatsoever arising from therefrom .

2. YOUR ELIGIBILITY AND YOUR ACCOUNT

In order to access the services of this Platform and to be able to become a Registered User whether acting as Contributor or as User under the Exchange, you agree to

(a) provide true, accurate, current and complete information about you and your organisation and - when acting as a contributor,about the Video you make available on the Platform ("Registration Data");

(b) make available Videos in compliance with the Requirements;

(c) comply with these Terms of Use;

(d) maintain the confidentiality and ensure the security of your password and identification;

(e) notify the EBU immediately of any unauthorized use of your account or other breach of security;

(f) accept all responsibility for any and all activities that occur under your account;

(g) accept all risks of unauthorized access to or use of the Registration Data, the Video and any other information you provide to the EBU; and

(h) accept that the EBU may transmit to the Contributors anonymous data information about the use of this Platform. More detailed data are subject to a special request and approval of EBU's Head of Radio.

3. PERMITTED USE OF VIDEOS

3.1. Scope of Use

Each Contributor agrees to make available on a free of charge basis Videos so that Users can use them, free of charge, under the following conditions:

3.1.1 Minimum rights

It needs to be possible for Users to embed the Videos in all cases on the User's' Websites and, when specifically allowed by the Contributor, on Users' Social Media Platforms for at least

live-live streaming or

on-demand (VOD) streaming transmission for a period of at least 7 (seven) days

Contributors shall not make available Videos for which these minimum rights cannot be guaranteed.

3.1.2 Users Platforms

Contributors shall indicate whether the Video can be embedded on Users' Social Media Platform. If nothing is mentioned, it shall be possible to embed the Video on Users' Websites only.

Users' Websites on which Videos can be embedded shall be fully-owned websites of the Users accessible from any type of device, i.e. websites operated by the Members themselves and/or operated by third parties but for the benefit of the Member). For the avoidance of doubt, Users shall not be permitted to allow third parties websites delivering streams on their behalf (such as YouTube or Spotify channels and the like) to embed the Videos on such websites.

Users' Social Media Platforms on which Videos can be embedded are any Users' pages on any web- or IP-based platform, administered and branded by a third-party, enabling communication to the public of content by its end-users; this covers platforms that require registration of end-users and a log-in process prior to use [e.g. Facebook].

3.1.3 Duration

Contributors shall always indicate the period during which the Video can be embedded (i.e. during how long the Video can be made available on line on the Users' Websites and/or, on the Users' Social Media Platforms, as the case may be) (the "Duration").

3.1.4 Territory

Clearance of Videos shall in principle be made on a worldwide basis or at least on an EBU territory basis. Contributors shall indicate whether any Geo-blocking Restrictions are attached to a specific Video.

All the information listed under the present clause 3.1 shall be communicated by the Contributor during the uploading process of his content/metadata and are referred hereafter as to the "Specific Conditions".

3.2. Warranties

3.2.1 Each Contributor warrants that Videos which will be made available on the Platform are Videos which can be used as described under 3.1 above and are Videos for which its organisation has full authority to offer for use as per the present Terms of Use and Specific Conditions to be communicated on a case-by-case basis. Each Contributor confirms that it has obtained and paid for to the extent national laws permit all necessary rights, licences, consents and waivers of so-called moral rights in respect of the Videos so as to allow their embedment in the manner foreseen under the present Terms of Use and as specified under the Specific Conditions without any restriction whatsoever - except the mentioned restrictions concerning possible Geo-blocking Restrictions, Users' Platforms restrictions and Duration of online availability - and without the obligation for any further payment by the Users, save for their usual payments with their national collecting societies.

In general, Contributor may not offer any third-party content that the Contributor has acquired under license unless the Contributor has full permission to make available the Video on the Platform. Each Contributor retains all right, title and interest in and to its Videos. Users may not remove any copyright or intellectual property notices contained in the Videos.

3.2.2 Each Contributor warrants that it shall not post, upload, publish, submit or transmit any Video that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, encourages or induces any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

3.2.3 Each User warrants that it shall use the Videos within the limits allowed under the present Terms of Use and under the Specific Conditions. If a User has a doubt as to the Specific Conditions under which a Video can be used, it shall contact the administrator of the platform (euroradio2see@euroradio.org). In particular it shall embed the Video "AS IS" and shall in no case reproduce, alter, edit, modify any Video.

3.2.4 Each Registered User shall indemnify and hold harmless all other organisations concerned and the EBU against any claims whatsoever arising from authors, composers, artists, publishers, producers or any other persons or entities in respect of any of the uses of the Videos pursuant to the foregoing rule.

3.3. Restrictions

3.3.1 It is strictly prohibited to use the Videos for commercial purposes other than the one described under 3.1 above and in particular it shall not be permitted to use the Videos or to refer to the concerts for promotion or advertisement of any product or service and Users may not sell, trade, transfer or sublicense the Videos to any third party, except for embedment as defined hereunder. Also any sort of advertisement added directly to the Video (e.g. pre-roll) is not allowed.

3.3.2 Use of a Video in any manner other than expressly permitted above and under the Specific Conditions requires the prior written consent of the Contributor of the Concert in question. The EBU shall in no case be involved in such negotiation which shall take place bilaterally between the Contributor and the User.

4. INTELLECTUAL PROPERTY

4.1. Rights Reserved

The names, images, icons and logos identifying the EBU/EUROVISION/EURORADIO, its Members or third parties and their products and services are subject to copyright, design rights and trademarks of the EBU/EUROVISION/EURORADIO, its Members and/or third parties.

4.2. No right conferred

Nothing contained in these Terms of Use shall be construed as conferring by implication or otherwise any right to use any trademark, design right or copyright of the EBU/EUROVISION/EURORADIO, its Members or any other third party.

5. DISCLAIMERS

5.1. Content made available on a "AS IS" basis

The EBU provides the Videos on the Platform "AS IS" and on the basis that it makes no express or implied warranties in respect of the material and/or information included in the Videos which remain the full responsibility of each Contributor. Therefore some Videos could contain flashing images.

The EBU does not warrant that the functions of this Platform will be uninterrupted or free of error, that defects will be corrected, or that the EBU or the server that makes it available are free of viruses or bugs. However, the EBU represents that it shall make its best efforts to correct in a reasonable period of time any defect or error which might interrupt the functioning of the Platform.

For the time being, the costs related to the operation and traffic of the Platform are made available by the EBU on a free-of-charge basis to its Members on a trial basis.

5.2. Sole discretion in determining eligibility to participation

Your use of the Platform is a privilege and not a right. The EBU in its sole discretion can determine the Members which are entitled to use the Platform and can withdraw or reinstate the privilege to use the Platform for any Member at any time.

5.3. EBU's Role

The EBU's role is to provide the technology and management for the Platform. The agreement that governs the use of the Videos made available by Contributors to the Users ￼using the Platform is a direct relationship established only between a Contributor and a User. The EBU is not a fiduciary, contracting agent, or representative of any Registered User, and disclaims all responsibilities and obligations related to any of these roles.

5.4. Liability

5.4.1 The EBU does not endorse any Registered User or any of the Videos made available through the Platform; the EBU does not own, control, sell, resell, make or otherwise provide the Videos made available by a Contributor; the EBU is not responsible for and disclaims all liability for the condition, quality, legality, and suitability of any Videos made available by a Contributor; the EBU excludes to the fullest extent permitted by law all liabilities for any damage, loss, third party claim, including any indirect, incidental or consequential loss of business, anticipated savings, revenues or profits or goodwill or reputation or special damages or loss arising from your access and/or use of the information published on this Platform or the download and use by Users of Videos from this Platform. The EBU shall have no liability whatsoever arising from the use or reliance on any Videos, or on any information regarding the Videos, including the Registration Data and fulfilment of the Requirements. The EBU has no control over the conduct of the Registered Users and disclaims all liability in this regard.

5.4.2 By using the Platform, you agree to look to the particular Contributor or User or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, the EBU for the acts or omissions of Members or other third parties.

5.4.3 Links to other websites may have been included to make this Platform as useful as possible. However, the EBU is not involved in their production and is not responsible for the content or accuracy of information on these linked websites.

6. POSSIBLE DISPUTES BETWEEN CONTRIBUTOR AND USERS

6.1 The EBU encourages Contributors and/or Users to resolve among themselves any and all disputes related to the use of the Platform including disputes with respect to use of the Videos made available by a Contributor in the spirit of the solidarity governing the EBU.

6.2 Either the Contributor or the User can notify the EBU that a dispute could not be resolved between them satisfactorily by contacting the EBU.

6.3 All Contributors and Users agree to cooperate with and assist the EBU in good faith and provide information and take actions reasonably requested by the EBU in resolving any dispute. If the Contributor and the User cannot resolve a dispute on their own or with the EBU's assistance, Contributor and User agree that they will pursue any further efforts to resolve their dispute without the involvement of the EBU or its staff; however the EBU will provide data about a transaction if and as requested by legal process.

6.4 The EBU makes no representation that it will, in fact, retain any data or other information related to a use of the Platform outside of the normal course of its regular business practices.

7. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and interpreted in accordance with the laws of Switzerland. The courts of the Canton of Geneva, Switzerland shall have exclusive jurisdiction.

8. CHANGES TO THE TERMS

The EBU reserves the right to modify these Terms of Use from time to time as it may deems fit for example to address modifications to the law or regulatory modifications or changes to functionality offered through the Exchange or changes to the set-up of the Exchange (the "Modified Terms"). Your continued use of the Exchange after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms in relation to all Videos which will be made available on the Platform after the date of the Modified Terms. Videos which have been made available on the Platform before the date of the Modified Terms will remain governed by the Terms in force at the date they were made available.